BRANDON D'ANNUNZIO'S LAW

Senate Bill 726 (Substitute H-2)

Sponsor:  Sen. Rick Jones                                                    (Enacted as Public Act 363 of 2012)

House Committee:  Judiciary

Senate Committee:  Judiciary

Complete to 11-25-12

A SUMMARY OF SENATE BILL 726 AS REPORTED BY HOUSE COMMITTEE

Senate Bill 726 would amend the Code of Criminal Procedure (MCL 767.24) to add a new provision, to be called Brandon D'Annunzio's Law, to specify that an indictment for kidnapping, attempted murder, or manslaughter could be found and filed within 10 years after the individual who committed the offense was identified. 

This would apply in situations in which the offense had been reported to a police agency within one year of the commission of the offense but the individual committing the offense was unknown.  By "identified," the bill means the offender's legal name is known.

The current statute of limitations for such crimes is 10 years after the offense is committed, and this would continue to apply in other circumstances.

FISCAL IMPACT:

To the extent that the bill results in additional felony convictions that would not otherwise have occurred, it would increase costs on state and local correctional systems.  The average cost of prison incarceration in a state facility is roughly $34,000 per prisoner per year, a figure that includes various fixed administrative and operational costs.  The cost of local incarceration in a county jail varies by jurisdiction.   Costs of parole and felony probation supervision, exclusive of the cost of electronic tether, average about $2,300 per supervised offender per year. Any increase in penal fine revenues would increase funding for local libraries, which are the constitutionally-designated recipients of those revenues.

POSITIONS:

The prosecutor for Ingham County testified in support of the bill.  (10-17-12)

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Bob Schneider

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.